Jason J. Annibale 

National Co-Chair Construction
Toronto  t: 416.865.7912  |  e: jason.annibale@mcmillan.ca

Jason J. Annibale

Toronto
Brookfield Place, Suite 4400
181 Bay Street
Toronto, Ontario M5J 2T3

t: 416.865.7912
e: jason.annibale@mcmillan.ca

overview

Jason is a partner in McMillan's Advocacy and Dispute Resolution Group specializing in the construction and real estate industries. He is the firm's National Co-Chair, Construction.

Jason has acted as lead litigation counsel in some of Canada's most complex construction disputes and commercial transactions. Within the P3 and EPC contracting space, he has assisted major authorities and owners in resolving construction delay and cost overrun disputes involving allegations of changed site conditions, severe weather, technical changes, protest actions, and increased financing costs in respect of underwater tunnels, biomass plants, prisons, hospitals, highways, service stations, electrical power stations and other infrastructure. Jason has also successfully resolved a dispute involving the correct calculation of a refinancing gain of an asset constructed through the P3 model.  In the commercial sphere, Jason has represented an international energy company with the purchase of construction projects and related assets across the country in the context of one of Canada's largest ever construction bankruptcies.

Jason has appeared at all levels of court in Ontario. He has been elected to the Ontario Bar Association's Construction and Infrastructure Law Section Executive three times since 2014 and was the Executive's Co-Chair Program Coordinator in 2017.  Jason is also the co-author of a chapter of McMillan's "soup-to-nuts" consideration of the construction process, Construction Law in Canada and regularly speaks on managing risk and dispute resolution in the construction and real estate contexts.

Representative Matters

  • Defended the North American consulting arm of an international automotive manufacturer against numerous lien claimants and obtained judgment on a cross-claim against a design builder in relation to the negligent design, manufacture, and installation of recuperative thermal oxidizer systems supporting a paint line for a body and bumper manufacturing plant.
  • Defended a Crown agent against numerous lien claimants in a complex, multi-party suit in relation to two large development projects respecting the construction of a court house and a government office building housing tribunal hearing rooms.
  • Defended a Crown corporation's competitive bid selection process in relation to the construction of a world-class aquarium against allegations of unfairness, conflict of interest and bad faith.
  • Obtained an order discharging a certificate of pending litigation registered against the old Christie Bakery manufacturing plant and defeated the subsequent motion to stay the discharge order pending the hearing of the appeal on the basis that the appeal raised no "serious issue".
  • Obtained an order for security for costs on the (rarely granted) substantial indemnity basis in an amount over $300,000 against an appellant purchaser of property.
  • Defended an international furniture manufacturing commercial landlord against a tenant's allegations of loss of business resulting from expansion of shopping centre and parking facilities.
  • Represented an international energy corporation in a product liability claim respecting the premature disintegration of piping product in a geothermal loop system.
  • Defended a truss component designer from a series of complex, multi-party design defect and negligence claims respecting the collapse of barn roofing systems across southern Ontario.
  • Represented a national gaming and entertainment company in a product liability claim respecting complex and numerous roof-top heating, ventilation, and air-conditioning units servicing gaming floor areas.
  • Defended a Crown agent against applicants challenging a performed environmental assessment under the Class Environmental Assessment for Realty Group Activities and the Environmental Assessment Act.
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Obtained one of the highest costs awards ever granted to a Canadian government for an application hearing.

Presentations

Changes to the Construction Lien Act
Contracts, Consultants, and an Emerging Landscape: What you need to know
ADRIC 2016: ADR Canada's Annual National Conference: Reflections and Innovations
The Unique World of Construction Law Arbitrations and Mediations, Ontario Bar Association
Recoverable Damages for Breach of Lease
Lease Remedies 101: Navigating Your Options
Aboriginal Law - The Legal Landscape and Application
Fundamentals of Construction Law
Civil Court Proceedings and the Enforcement of Orders - A Primer
Certificates of Substantial Performance, the Open for Business Act, and how the Construction Lien Act affects Condo Developers
De-Mystifying the Construction Lien Act - A Lender's Perspective
De-Mystifying the Construction Lien Act - A Lender's Perspective
Effectively Structuring and Managing Design-Build Projects
The ‘Discovery' and Management of Aboriginal Remains
Construction Contracts and Delivery Methods, Managing Risk, Disputes, and the Construction Lien Act
First Nations Consultation and the role of Archaeologists within the Legal Framework
The Significance of Hiawatha First Nation v. Ontario (Minister of the Environment), [2007] 2 C.N.L.R. 186

Publications

Think twice before obtaining a labour and material payment bond – new liability for an old security
Change is Coming to Ontario's Construction Lien Act – What Do You Need to Know for 2018?
Out with the old and in with the new: transitioning from Ontario's old Construction Lien Act to the new Construction Act
Winter is coming – and so is Ontario's New Construction Act
Not as unconscionable as some might think: Court of Appeal orders purchaser to forfeit deposit after failing to close real estate deal
Rolling Liability for Continuous Breaches of Commercial Leases
Subcontractors May Unknowingly Lack General Lien Rights
Court affirms right of Province to "Take up" Treaty Lands – Grassy Narrows First Nation v. Ontario (Natural Resources)
Business Interests Working Through Parts Of Canada's Identity: Aboriginal Law And Federalism
Decisions, decisions – faced with non-payment, contractors must pursue the right claim and remedy
Sloppy accounting costs developer - Construction Lien Act protects parties down the chain
Aboriginal claims – another layer of complexity and risk for the construction industry
"Pay me now, or pay me later" – The risks of poor payment and accounting practices
'Open for Business' spells important changes for condo developers and the construction industry
aboriginal treaties are not "complete codes" – Supreme Court confirms duty to consult independent of treaty obligations (part II of II)
limitation periods where 'discoverability' at issue can now be determined at summary judgment
A little certainty for an uncertain process – Supreme Court confirms duty to consult not triggered or informed by adverse impacts from past actions (part I of II)1
No holds barred: absolute privilege for judicial proceedings
Supreme Court finds coverage for construction defect claim
Chinese Drywall - Construction Products Claims and Coverage Issues
Chinese Drywall – Construction Products Claims and Coverage Issues
Judicial Review - Another Weapon to Challenge Government Tendering Decisions?
Construction Law in Canada
Trust Me! – Ontario Court of Appeal expands pool of trust beneficiaries under the Construction Lien Act
Exposing the Mess Swept Under the Rug: Supreme Court of Canada Orders Damages for Breach of Tendering Contract
What is the duty to consult, anyway, and why is it important?
The Lien Clock Doesn't Tick Forever
What to do as an Owner when Liens Arise and the Construction Lien Act
Toronto lawyers unveil design-build project guide
Effectively Structuring and Managing Design-Build Projects

News

McMillan LLP and Level / Égaliser team up to host Aboriginal youth and lawyers in day of education and inspiration
Jason Annibale identifies that the Supreme Court of Canada in the case of Grassy Narrows First Nation v. Ontario clarifies First Nation land issues
McMillan welcomes five new partners to the partnership

Education

  • McGill University, LLB (Distinction) - 2000
  • Queen's University, BA Honours (First Class Honours) - 1997
  • Osgoode Hall Law School, Construction Law Certificate - 2015

Year Of Call

  • Called to the Ontario bar - 2002

Practices

litigation
dispute resolution
construction
public-private partnerships
commercial real estate
aboriginal law
environmental regulation
construction litigation

Industries

construction
infrastructure
commercial real estate
energy
mining

Directorships and Professional Associations

  • Canadian Bar Association
  • Ontario Bar Association Construction and Infrastructure Law Section Executive
  • Advocates' Society
  • Canadian Construction Association
  • Toronto Construction Association
  • Mississauga Construction Association
  • Building Industry and Land Development Association (BILD)
  • DRI (Defense Research Institute)

Community Involvement

  • St. Michael's College School – Executive Member of Alumni Association and Career Mentor
  • North Toronto Soccer Club – House League Coach (2015)
  • North Toronto Soccer Club – Nitros Volunteer Assistant Coach (2016)

Awards & Rankings

  • McMillan Leadership in Mentoring Award - 2010
vcard

Jason is a partner in McMillan's Advocacy and Dispute Resolution Group specializing in the construction and real estate industries. He is the firm's National Co-Chair, Construction.

Jason has acted as lead litigation counsel in some of Canada's most complex construction disputes and commercial transactions. Within the P3 and EPC contracting space, he has assisted major authorities and owners in resolving construction delay and cost overrun disputes involving allegations of changed site conditions, severe weather, technical changes, protest actions, and increased financing costs in respect of underwater tunnels, biomass plants, prisons, hospitals, highways, service stations, electrical power stations and other infrastructure. Jason has also successfully resolved a dispute involving the correct calculation of a refinancing gain of an asset constructed through the P3 model.  In the commercial sphere, Jason has represented an international energy company with the purchase of construction projects and related assets across the country in the context of one of Canada's largest ever construction bankruptcies.

Jason has appeared at all levels of court in Ontario. He has been elected to the Ontario Bar Association's Construction and Infrastructure Law Section Executive three times since 2014 and was the Executive's Co-Chair Program Coordinator in 2017.  Jason is also the co-author of a chapter of McMillan's "soup-to-nuts" consideration of the construction process, Construction Law in Canada and regularly speaks on managing risk and dispute resolution in the construction and real estate contexts.

  • Defended the North American consulting arm of an international automotive manufacturer against numerous lien claimants and obtained judgment on a cross-claim against a design builder in relation to the negligent design, manufacture, and installation of recuperative thermal oxidizer systems supporting a paint line for a body and bumper manufacturing plant.
  • Defended a Crown agent against numerous lien claimants in a complex, multi-party suit in relation to two large development projects respecting the construction of a court house and a government office building housing tribunal hearing rooms.
  • Defended a Crown corporation's competitive bid selection process in relation to the construction of a world-class aquarium against allegations of unfairness, conflict of interest and bad faith.
  • Obtained an order discharging a certificate of pending litigation registered against the old Christie Bakery manufacturing plant and defeated the subsequent motion to stay the discharge order pending the hearing of the appeal on the basis that the appeal raised no "serious issue".
  • Obtained an order for security for costs on the (rarely granted) substantial indemnity basis in an amount over $300,000 against an appellant purchaser of property.
  • Defended an international furniture manufacturing commercial landlord against a tenant's allegations of loss of business resulting from expansion of shopping centre and parking facilities.
  • Represented an international energy corporation in a product liability claim respecting the premature disintegration of piping product in a geothermal loop system.
  • Defended a truss component designer from a series of complex, multi-party design defect and negligence claims respecting the collapse of barn roofing systems across southern Ontario.
  • Represented a national gaming and entertainment company in a product liability claim respecting complex and numerous roof-top heating, ventilation, and air-conditioning units servicing gaming floor areas.
  • Defended a Crown agent against applicants challenging a performed environmental assessment under the Class Environmental Assessment for Realty Group Activities and the Environmental Assessment Act.
  • Defended a First Nation consultation process performed by a Crown agent on behalf of the Government of Ontario.
  • Represented an educational institution in a matter involving the custody and handling of aboriginal remains.
  • Obtained one of the highest costs awards ever granted to a Canadian government for an application hearing.
December 2017
Winter is coming – and so is Ontario's New Construction Act

Construction Law Bulletin

October 2016
Dispute Resolution in a P3 Context

Ontario Bar Association - The Unique World of Construction Law Arbitrations and Mediations

September 2011
Sloppy accounting costs developer - Construction Lien Act protects parties down the chain

Property Management Report - July /August 2011

July 2011
Aboriginal claims – another layer of complexity and risk for the construction industry

Construction and Aboriginal Law Bulletin
also published in TerraLex Connections enewsletter

January 2011
'Open for Business' spells important changes for condo developers and the construction industry

Construction and Commercial Real Estate Bulletin

October 2010
Supreme Court finds coverage for construction defect claim

Construction Litigation Bulletin

August 2010
Chinese Drywall - Construction Products Claims and Coverage Issues

CCH: British Columbia Real Estate Law Developments

May 2010
Judicial Review - Another Weapon to Challenge Government Tendering Decisions?

Projects and Construction Litigation Bulletin

May 2010
Construction Law in Canada

Contributing Author, Book, published by LexisNexis

January 2010
The Lien Clock Doesn't Tick Forever

Construction Litigation Bulletin

December 2009
What to do as an Owner when Liens Arise and the Construction Lien Act

Infrastructure Ontario at a 2009 meeting of its Vice Presidents, Counsel, and Project Managers

December 2009
Toronto lawyers unveil design-build project guide

Daily Commercial News and Construction Record

November 2009
Effectively Structuring and Managing Design-Build Projects
February 2018
Changes to the Construction Lien Act
The Six-Minute Commercial Leasing Lawyer
The Law Society of Ontario
September 2017
Contracts, Consultants, and an Emerging Landscape: What you need to know
Ontario Bar Association
Co-Chair
October 2016
ADRIC 2016: ADR Canada's Annual National Conference: Reflections and Innovations
"Med-Arb: Marriage of Opposites"
October 2016
The Unique World of Construction Law Arbitrations and Mediations, Ontario Bar Association
"Arbitrations and P3 Projects: Unique Considerations"
Co-Chair & Speaker
February 2016
Recoverable Damages for Breach of Lease
The Six-Minute Commercial Leasing Lawyer
The Law Society of Upper Canada
September 2015
Lease Remedies 101: Navigating Your Options
McMillan Corporate Counsel Series
March 2012
Aboriginal Law - The Legal Landscape and Application
Presented to the Legal Group of Infrastructure Ontario
December 2011
Fundamentals of Construction Law
2011 21st Annual Construction Super Conference, The Canadian Institute
April 2011
Civil Court Proceedings and the Enforcement of Orders - A Primer
Presented to directors, executive team, and in-house legal of Teranet Inc.
April 2011
Certificates of Substantial Performance, the Open for Business Act, and how the Construction Lien Act affects Condo Developers
Presented to in-house legal and project managers of Monarch Corporation
March 2011
De-Mystifying the Construction Lien Act - A Lender's Perspective
Presented to in-house legal and construction and building finance account managers of Royal Bank of Canada
February 2011
De-Mystifying the Construction Lien Act - A Lender's Perspective
Presented to commercial construction and building finance directors of the Bank of Nova Scotia
November 2009
Effectively Structuring and Managing Design-Build Projects
19th Annual Construction SuperConference, The Canadian Institute
October 2009
The ‘Discovery' and Management of Aboriginal Remains
2009 Insight Aboriginal Law Conference
May 2009
Construction Contracts and Delivery Methods, Managing Risk, Disputes, and the Construction Lien Act
2009 Annual Conference of the Ontario Association of Physical Plant Administrators (OAPPA)
Fall 2008
First Nations Consultation and the role of Archaeologists within the Legal Framework
2008 Annual Meeting of the Canadian Archaeological Association
Fall 2008
The Significance of Hiawatha First Nation v. Ontario (Minister of the Environment), [2007] 2 C.N.L.R. 186
First Nations Circle